Snarky Lawyer

Is Failing to Identify Myself to a Police Officer a Crime?

September 21st, 2021 by Tad Nelson in Falsifying information, Misdemeanor Crimes

Can a police officer stop you on the street and demand identification? In some circumstances, yes. Under Texas law, when an officer has “lawfully arrested” or detained a person, it is a misdemeanor offense for the suspect to refuse to give their name, address or date of birth. Similarly, it is also a misdemeanor for […]

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Will a Court Dismiss a DWI Case if the Arresting Officer Admits They Lacked Probable Cause?

September 16th, 2021 by Tad Nelson in Drunk Driving, DWI, Understanding Texas Law

Normally, a police officer must have “probable cause” to arrest someone on suspicion of DWI or drunk driving. If the officer does not have probable cause, then the arrest is illegal. But can a judge determine probable cause existed even if the arresting officer later admits in court that he did not? This may seem […]

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The Use of “Relationship” Evidence in Texas Criminal Domestic Violence Trials

September 14th, 2021 by Tad Nelson in Criminal Defense, Domestic Violence

In most criminal trials, the prosecution cannot introduce evidence of a defendant’s “prior bad acts” to establish their guilt of the charged offense. But Texas law makes a notable exception for domestic violence cases. When the alleged victim of a crime is the defendant’s spouse or dating partner, or a member of their household, Section […]

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When Is It Legal to Drive on the Shoulder in Texas?

September 9th, 2021 by Tad Nelson in DWI, Traffic Offenses, Understanding Texas Law

Have you ever become frustrated with the flow of traffic and decided to try and “ride the shoulder” of the road? In most cases, this is a traffic violation. The Texas Transportation Code specifies only seven cases where driving on an “improved shoulder” to the right of the main road is legal: To stop, stand, […]

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Is My “Mere Presence” Near Illegal Drugs Enough to Prove Possession?

September 7th, 2021 by Tad Nelson in Criminal Defense, Drug Crime, Felony, Misdemeanor Crimes

You probably already know that possession of certain drugs–or “controlled substances,” as they are technically known under Texas law–is illegal. For example, if an officer arrests you and finds a baggie filled with cocaine in your pocket, it is a pretty safe bet the prosecution will cite that as proof you knowingly possessed a controlled […]

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Do You Have the Right to Cross-Examine Witnesses at a Bail Hearing?

September 2nd, 2021 by Tad Nelson in Bail, Conviction, Criminal Defense

The United States Constitution and Texas law guarantee a criminal defendant’s right to seek and receive reasonable bail pending trial. That does not necessarily bar a judge from setting a high bail. But it does require the court to consider a number of factors in setting bails, such as the nature of the alleged crimes […]

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Answers to FAQs About Racketeering White Collar Crime in Texas

August 31st, 2021 by Tad Nelson in Criminal Defense, Racketeering, Understanding Texas Law, White Collar Crime

There are numerous criminal offenses lumped together under the unofficial term “white-collar crime,” and racketeering involves some of the most severe charges under Texas law. In general, the crime of racketeering occurs when an organized crime ring uses or poses as a legitimate business operation to embezzle funds. This type of conduct first became unlawful […]

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Strategies for Defending Sex Crimes Charges in Texas

August 26th, 2021 by Tad Nelson in Criminal Defense, Sex Crime, Sexual Assault, Understanding Texas Law

Being accused of a sex offense in Texas can not just be life-changing; it can potentially ruin many aspects of life if you are convicted. Unfortunately, due to their nature, police, prosecutors, and other members of the criminal justice community vigorously prosecute sex crimes cases. The Texas Department of Public Safety reports that there are […]

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When Can I Get a Texas DWI Arrest Expunged from My Record?

August 17th, 2021 by Tad Nelson in DWI, Expungement, Misdemeanor Crimes, Traffic Offenses

Even when a drunk driving arrest does not lead to a criminal DWI conviction, there is still a public record. This means that if someone conducts a background check on you for any reason, the record of your DWI arrest will come up. There is, however, a way to prevent such a scenario, and that […]

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How to Obtain a Domestic Violence Protective Order in Texas

August 16th, 2021 by Tad Nelson in Domestic Violence, Understanding Texas Law

There are few things more terrifying than being a victim of ongoing domestic violence. When you are a victim of domestic violence, you may constantly fear for the physical and emotional wellbeing of yourself and others in your household, including aging parents, young children, or even pets. If you are experiencing domestic violence in Texas, […]

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